Wayne Payne and Dorene J. Payne - Page 8

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          deficiency determinations resulted from petitioners’ alleged                
          failure to report HRDC’s income from the extras and certain other           
          sales, as well as petitioners’ unreported bank deposits.  For               
          1994, respondent determined that petitioners received unreported            
          income from HRDC of $222,735.  Respondent also reduced                      
          petitioners’ reported 1994 rental income by $23,241.  The parties           
          have stipulated that petitioners received $64,000 in unreported             
          income from HRDC in 1993, and petitioners conceded that in                  
          addition unreported taxable deposits of $3,681 were made into               
          petitioners’ bank account in 1993.  The parties have also                   
          stipulated that petitioners received $42,335 in unreported income           
          from HRDC in 1995, and, in addition, unreported deposits of                 
          $30,953.94 were made into petitioners’ bank account in 1995.  The           
          parties dispute, inter alia, whether petitioners underreported              
          their 1994 income and whether the unreported bank deposits in               
          1995 were taxable.                                                          
                                       OPINION                                        
          I.   Burden of Proof                                                        
               The parties do not address the burden of proof.                        
          Respondent’s revenue agent first met with petitioners in late               
          1997 after the start of his examination of their 1993, 1994, and            
          1995 returns.  Because respondent’s examination of petitioners’             
          returns began before July 22, 1998, section 7491 does not apply.            
          See Internal Revenue Service Restructuring and Reform Act of                






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